Members of the armed forces are covered by the Social Security Act. If disabled while on active duty (whether service related or not), they may qualify for full SSDI benefits. This will be in addition to any VA benefits.
Some important words of caution for veterans:
- There is a separate application process for Social Security (it is not automatic).
- Many eligible veterans get denied initially and incorrectly. The system is flawed.
- An appeal must be filed within 60 days of your denial letter--a very strict time limit.
- The odds of being approved are much better at the second level - a hearing with an administrative law judge.
- It is a complicated process from which you will benefit from the advice and help of an advocate who is experienced in Social Security disability.
- The best time to start your SSDI claim is when you are first put on restricted duty and the med board process begins. File under the Wounded Warrior provision. You may do so even while receiving active duty military pay in most cases.
Are your future monthly benefit checks affected by the attorney's fee/representative's fee? Absolutely not. The fee is taken only from back pay, not from any future monthly payments.
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